Unknown. Final rule; request for comments

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2017-01-17.xml --- 82 10 Tuesday, January 17, 2017 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Imports: Hass Avocados From Colombia, 4798 2017-00672 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: UHD Alliance, Inc., 4923 2017-00892 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4884-4886 2017-00815 2017-00833 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Changes to Medicare Claims and Entitlement, Medicare Advantage Organization Determination, and Medicare Prescription Drug Coverage Determination Appeals Procedures, 4974-5140 2016-32058 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4887-4888 2017-00860 2017-00863 Civil Rights Civil Rights Commission NOTICES Meetings:

Delaware Advisory Committee; Correction, 4841 2017-00768 Coast Guard Coast Guard RULES Security Zones: Annual Events in Captain of the Port Detroit Zone--North American International Auto Show, Detroit River, Detroit, MI, 4794-4795 2017-00464 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Protection and Advocacy Annual Program Performance Report and Statement of Goals and Priorities, 4889-4890 2017-00880 Protection and Advocacy for Traumatic Brain Injury Program Performance Report, 4888-4889 2017-00879 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4863 2017-00829 Charter Amendments, Establishments or Renewals: Charter Amendment of Department of Defense Federal Advisory Committees, 4862-4863 2017-00862 Department of Defense Federal Advisory Committees;

Termination, 4863 2017-00868 Energy Department Energy Department NOTICES Meetings: Nuclear Energy Advisory Committee, 4864 2017-00865 Environmental Protection Environmental Protection Agency RULES Guideline on Air Quality Models: Enhancements to AERMOD Dispersion Modeling System and Incorporation of Approaches to Address Ozone and Fine Particulate Matter, 5182-5235 2016-31747 National Emissions Standards: Radon Emissions from Operating Mill Tailings, 5142-5180 2016-31425 PROPOSED RULES Procedures for Prioritization of Chemicals for Risk Evaluation under Toxic Substances Control Act, 4825-4837 2017-00051 Use of Lead Free Pipes, Fittings, Fixtures, Solder and Flux for Drinking Water, 4805-4825 2017-00743 NOTICES California State Motor Vehicle Pollution Control Standards:

Amendments to On-Highway Heavy-Duty Vehicle In-Use Compliance Program, 2007 and Subsequent Model Year On-Highway Heavy-Duty Engines and Vehicles, Truck Requirements, 4867-4873 2017-00940 Emission Guidelines for Greenhouse Gas Emissions and Compliance Times for Electric Utility Generating Units: Denial of Reconsideration and Administrative Stay, 4864-4866 2017-00941 Proposed Consent Decrees under Clean Air Act Citizen Suit, 4866-4867 2017-00942 Executive Office Executive Office for Immigration Review RULES Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air, 4771-4773 2017-00902 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 4773-4775 2016-31961 The Boeing Company Airplanes, 4775-4781 2016-31959 2017-00115 PROPOSED RULES Class E Airspace; Amendments: Atlantic City, NJ, 4798-4800 2017-00302 NOTICES Waivers for Aeronautical Land-Use Assurance: Chicago Midway International Airport, Chicago, IL, 4957-4958 2017-00753 Federal Communications Federal Communications Commission PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding, 4837 2017-00848 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4873-4880 2017-00847 2017-00849 2017-00850 2017-00851 2017-00883 2017-00884 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: 10359—Community Central Bank Mount Clemens, MI, 4880 2017-00767 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 4880 2017-00967 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Tampa Interstate System;

Hillsborough County, FL, 4958-4959 2017-00810 Federal Motor Federal Motor Carrier Safety Administration RULES Unified Registration System; Suspension of Effectiveness, 5292-5318 2016-31706 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 4880-4884 2017-00841 2017-00842 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 4883 2017-00846 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 4963-4964 2017-00874 Buy America Handbook: Conducting Pre-Award and Post-Delivery Audits for Rolling Stock Procurements, 4959-4963 2017-00873 General Directives: 17-1: Stop Signal Overruns on Rail Fixed Guideway Public Transportation Systems, 4964-4965 2017-00793 Fish Fish and Wildlife Service NOTICES Permit Applications: Endangered Species, 4914-4915 2017-00755 Food and Drug Food and Drug Administration PROPOSED RULES Guidance: Control of Listeria monocytogenes in Ready-To-Eat Foods, 4803-4805 2017-00819 NOTICES Guidance:

Comparative Analyses and Related Comparative Use Human Factors Studies for Drug-Device Combination Product Submitted in Abbreviated New Drug Application, 4890-4892 2017-00795 Compliance Policy for Required Warning Statements on Small-Packaged Cigars, 4892-4893 2017-00855 Interpretation of and Compliance Policy for Certain Label Requirement; Applicability of Certain Federal Food, Drug, and Cosmetic Act Requirements to Vape Shops, 4893-4894 2017-00773 Referencing Approved Drug Products in Abbreviated New Drug Application Submissions, 4894-4896 2017-00820 Meetings:

Strategic Partnerships to Enhance Safety of Imported Foods: Capacity Building, Risk-Based Decisionmaking, Recognition of Commodity Food Control Programs, and Systems Recognition, 4896-4899 2017-00821 Foreign Assets Foreign Assets Control Office RULES Sudanese Sanctions Regulations, 4793-4794 2017-00844 NOTICES Blocking or Unblocking of Persons and Properties, 4967 2017-00761 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: IRIS USA, Inc., Foreign-Trade Zone 277, Western Maricopa County, AZ, 4842 2017-00867 Reorganizations under Alternative Site Framework:

Foreign-Trade Zone 124, Gramercy, LA, 4841-4842 2017-00870 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Hospital Organ Donation Campaign's Activity Scorecard, 4899-4900 2017-00792 Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air, 4769-4771 2017-00915 International Entrepreneur Rule, 5238-5289 2017-00481 NOTICES Eliminating Exception to Expedited Removal Authority for Cuban Nationals Encountered in United States or Arriving by Sea, 4902-4905 2017-00914 Meetings: National Infrastructure Advisory Council, 4902 2017-00789 Housing Housing and Urban Development Department NOTICES Community Development Block Grant Disaster Recovery Grant Program:

Waiver of Requirements for State of New York for Recovery of Lower Manhattan, 4911-4913 2017-00710 Order of Succession for Office of Strategic Planning and Management, 4913 2017-00878 Indian Affairs Indian Affairs Bureau NOTICES Indian Entities Recognized and Eligible to Receive Services from United States Bureau of Indian Affairs, 4915-4920 2017-00912 Land Acquisitions: Craig Tribal Association, Craig, AK, 4915 2017-00872 Industry Industry and Security Bureau RULES Revisions to Sudan Licensing Policy, 4781-4783 2017-00836 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Voluntary Self-Disclosure of Antiboycott Violations, 4842 2017-00798 Orders: Berty Tyloo, 4842-4844 2017-00893 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ammonium Sulfate from People's Republic of China, 4850-4852 2017-00843 Certain Corrosion-Resistant Steel Flat Products from Republic of Korea, 4846-4848 2017-00882 Chlorinated Isocyanurates from People's Republic of China, 4852-4853 2017-00825 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from People's Republic of China, 4844-4846 2017-00827 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from People's Republic of China;

Final Results of Changed Circumstances Review and Reinstatement of Shanghai General Bearing Co., Ltd., 4853-4855 2017-00826 Determinations of Sales at Less Than Fair Value: Certain New Pneumatic Off-the-Road Tires from India, 4848-4850 2017-00869 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Industrial Control System Software, Systems Using Same and Components Thereof, 4922-4923 2017-00787 Justice Department Justice Department See Antitrust Division See Executive Office for Immigration Review RULES Formula Grant Program:

Juvenile Justice and Delinquency Prevention Act, 4783-4793 2017-00740 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office for Victims of Crime Training and Technical Assistance Center-Trafficking Information Management System, 4923-4924 2017-00794 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Law Enforcement Officer's Injury or Occupational Disease;

Notice of Law Enforcement Officer's Death, 4924-4925 2017-00806 Land Land Management Bureau NOTICES Public Land Orders: Partial Revocation of Withdrawal, Lonesome Lake Reservoir, MT, 4920-4921 2017-00835 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 4925 2017-01015 National Institute National Institute of Standards and Technology NOTICES Meetings: Visiting Committee on Advanced Technology; Correction, 4855 2017-00756 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Atlantic Sea Scallops Amendment 10, 4859-4860 2017-00816 Endangered Species Endangered Species; File No. 19508, 4855-4856 2017-00811 Exempted Fishing Permits; Applications, 4856-4858 2017-00791 Meetings: Mid-Atlantic Fishery Management Council, 4861 2017-00818 North Pacific Fishery Management Council, 4856 2017-00887 Pacific Fishery Management Council, 4859 2017-00801 Permits: Marine Mammals; File No. 20043, 4858-4859 2017-00802 Marine Mammals;

File Nos. 19703 and 20993, 4860-4861 2017-00807 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Off-road Vehicle Management Plan, Glen Canyon National Recreation Area, Arizona and Utah, 4921-4922 2017-00866 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Multistakeholder Process on Internet of Things Security Upgradability and Patching, 4861-4862 2017-00817 Navy Navy Department NOTICES Government-Owned Inventions;

Availability for Licensing, 4864 2017-00813 Meetings: Ocean Research Advisory Panel, 4863-4864 2017-00812 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 4926-4938 2017-00909 Category 3 Source Security and Accountability; Correction, 4938 2017-00822 Guidance: Possession Licenses for Production of Radioactive Material Using Accelerator, 4925-4926 2017-00907 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Hazardous Materials, 4965 2017-00828 Presidential Documents Presidential Documents EXECUTIVE ORDERS Decorations, Medals, Awards: Purple Heart Eligibility Criteria; Amendment to Executive Order 11016 To Update (EO 13758), 5319-5322 2017-01164 Government Agencies and Employees: Federal Labor-Management Relations Program; Exclusions (EO 13760), 5325-5329 2017-01169 World Organisation for Animal Health; Designating as a Public International Organization Entitled To Certain Privileges, Exemptions, and Immunities (EO 13759), 5323-5324 2017-01168 Rural Utilities Rural Utilities Service NOTICES Requests for Applications:

Deadlines and Requirements for Section 313A Guarantees for Bonds and Notes Issued for Electrification or Telephone Purposes Loan Program for Fiscal Year 2017, 4838-4841 2017-00831 Science Technology Science and Technology Policy Office NOTICES Meetings: National Nanotechnology Initiative, 4938 2017-00790 Securities Securities and Exchange Commission NOTICES Applications: Brown Advisory, LLC, 4938-4941 2017-00778 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 4954-4956 2017-00779 Bats EDGX Exchange, Inc., 4941-4947 2017-00782 BOX Options Exchange, LLC, 4956 2017-00781 NASDAQ Stock Market, LLC, 4947-4950 2017-00783 NYSE Arca, Inc., 4950-4953 2017-00780 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application to Determination Returning Resident Status, 4957 2017-00856 Culturally Significant Objects Imported for Exhibition: Alexei Jawlensky Exhibition, 4956 2017-00749 Enlightened Princesses: Caroline, Augusta, Charlotte, and the Shaping of the Modern World, 4956-4957 2017-00769 Surface Transportation Surface Transportation Board RULES Civil Monetary Penalties—2017 Adjustment, 4796-4797 2017-00690 NOTICES Release of Waybill Data, 4957 2017-00814 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Solicitation of Proposals for Designation of Beyond Traffic Innovation Centers, 4965-4967 2017-00824 Treasury Treasury Department See Foreign Assets Control Office PROPOSED RULES Donations of Technology and Support Services to Enforce Intellectual Property Rights, 4800-4803 2017-00653 U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Extension of the Designation of Somalia for Temporary Protected Status, 4905-4911 2016-31861 Customs U.S. Customs and Border Protection PROPOSED RULES Donations of Technology and Support Services to Enforce Intellectual Property Rights, 4800-4803 2017-00653 NOTICES Automated Commercial Environments: Sole CBP-Authorized Electronic Data Interchange System for Processing Electronic Drawback and Duty Deferral Entry and Entry Summary Filings, 4900-4901 2017-00852 National Customs Automation Program Tests:

Reconciliation, Post-Summary Corrections, and Periodic Monthly Statements, 4901 2017-00837 Veteran Affairs Veterans Affairs Department RULES Repayment by VA of Educational Loans for Certain Psychiatrists; Correction, 4795-4796 2017-00232 NOTICES Loan Guarantees: Specially Adapted Housing Assistive Technology Grant Program, 4967-4971 2017-00797 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 4974-5140 2016-32058 Part III Environmental Protection Agency, 5142-5180 2016-31425 Part IV Environmental Protection Agency, 5182-5235 2016-31747 Part V Homeland Security Department, 5238-5289 2017-00481 Part VI Transportation Department, Federal Motor Carrier Safety Administration, 5292-5318 2016-31706 Part VII Presidential Documents, 5319-5329 2017-01164 2017-01169 2017-01168 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 10 Tuesday, January 17, 2017 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 8 CFR Part 235 [DHS Docket No. DHS-2017-0003] RIN 1601-AA81 Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air AGENCY:

Office of the Secretary, Department of Homeland Security. ACTION: Final rule; request for comments. SUMMARY: This final rule revises Department of Homeland Security

(DHS)regulations to eliminate the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the United States at a port of entry by aircraft. As a result of these changes, Cuban nationals who arrive in the United States at a port of entry by aircraft will be subject to expedited removal proceedings commensurate with nationals of other countries. DATES: This final rule is effective January 13, 2017. Interested persons are invited to submit written comments on this final rule on or before March 20, 2017. ADDRESSES: You may submit comments, identified by Regulatory Information Number

(RIN)1601-AA81 and DHS Docket Number DHS-2017-0003, by any one of the following methods: • *Federal e-Rulemaking Portal www.regulations.gov.* Follow the Web site instructions for submitting comments. • *Mail or Hand Delivery/Courier:* Please submit all written comments (including and CD-ROM submissions) to Amanda Baran, Principal Director for Immigration Policy, DHS, 245 Murray Lane SW., Mail Stop 0445, Washington, DC 20528. Please submit your comments by only one method. Comments received by means other than those listed above or received after the comment period has closed will not be reviewed. All comments received will be posted without change on *http://www.regulations.gov.* The *http://www.regulations.gov* Web site is the Federal e-rulemaking portal and comments posted there are available and accessible to the public. Commenters should not include personal information such as Social Security Numbers, personal addresses, telephone numbers, and email addresses in their comments as such information will become viewable by the public on the *http://www.regulations.gov* Web site. It is the commenter's responsibility to safeguard his or her information. Comments submitted through *http://www.regulations.gov* will not include the commenter's email address unless the commenter chooses to include that information as part of his or her comment. Postal delivery in Washington, DC, may be delayed due to security concerns. Therefore, DHS encourages the public to submit comments through the *http://www.regulations.gov* Web site. *Docket:* For access to the docket to read background documents or comments received, go to the Federal eRulemaking portal at *http://www.regulations.gov.* If you need assistance to review the comments, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section below. FOR FURTHER INFORMATION CONTACT: Amanda Baran, Principal Director for Immigration Policy, 202-282-8805, *Amanda.baran@hq.dhs.gov.* SUPPLEMENTARY INFORMATION: I. Background Section 302 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law 104-208, Div. C, 110 Stat. 3009-546, amended section 235(b) of the Immigration and Nationality Act (“Act”), 8 U.S.C. 1225(b), to authorize what are known as “expedited removal proceedings.” Specifically, section 235(b) was amended to authorize the Attorney General (now the Secretary of Homeland Security 1 ) to remove, without a hearing before an immigration judge, aliens arriving in the United States who are inadmissible under sections 212(a)(6)(C) or 212(a)(7) of the Act, 8 U.S.C. 1182(a)(6)(C) and 1182(a)(7), for lack of valid documents necessary for admission or entry or for procuring or seeking to procure a visa, other immigration-related documentation, admission to the United States, or other immigration benefit by fraud or willful misrepresentation of a material fact. 1 Under section 1517 of title XV of the Homeland Security Act of 2002 (HSA), Public Law 107-296, 116 Stat. 2135, any reference to the Attorney General in a provision of the INA describing functions that were transferred from the Attorney General or other Department of Justice

(DOJ)official to DHS by the HSA “shall be deemed to refer to the Secretary” of Homeland Security. *See* 6 U.S.C. 557

(2003)(codifying HSA, tit. XV, sec. 1517); 6 U.S.C. 542 note; 8 U.S.C. 1551 note. Expedited removal proceedings under section 235(b) of the Act, 8 U.S.C. 1225(b), may be applied to two categories of aliens. First, expedited removal proceedings may be used for aliens who are “arriving in the United States.” Section 235(b)(1)(A)(i) of the Act, 8 U.S.C. 1225(b)(1)(A)(i). Second, the Secretary, in his or her sole and unreviewable discretion, may designate certain other aliens to whom the expedited removal provisions may be applied. Section 235(b)(1)(A)(iii), 8 U.S.C. 1225(b)(1)(A)(iii); *see* 8 CFR 235.3(b)(1)(ii). When it created the expedited removal process, Congress also created a limited exception for certain aliens who arrived at a U.S. port of entry by aircraft. Under section 235(b)(1)(F) of the Act, 8 U.S.C. 1225(b)(1)(F), expedited removal “shall not apply to an alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations and who arrives by aircraft at a port of entry.” For many years, this exception applied to Cuban nationals due to the lack of full diplomatic relations between the United States and Cuba. DHS regulations implementing section 235(b)(1) of the Act, 8 U.S.C. 1225(b)(1), thus expressly stated that the expedited removal provisions apply to “[a]rriving aliens, as defined in 8 CFR 1.2, except for citizens of Cuba arriving at a United States port-of-entry by aircraft.” 8 CFR 235.3(b)(1)(i); *see also* 8 CFR 1235.3(b)(1)(i) (parallel Department of Justice

(DOJ)regulations stating that the expedited removal provisions apply to “[a]rriving aliens, as defined in [8 CFR 1001.1(q)], except for citizens of Cuba arriving at a United States port-of-entry by aircraft”). 2 2 DOJ initially promulgated 8 CFR 235.3(b)(1)(i) as an exercise of the functions of the former Immigration and Naturalization Service

(INS)and the Executive Office for Immigration Review. *See* 62 FR 10312 (Mar. 6, 1997). Following enactment of the HSA, 8 CFR 235.3(b)(1)(i) was transferred to DHS, and effectively duplicated in parallel DOJ regulations at 8 CFR 1235.3(b)(1)(i). *See* 68 FR 10349 (Mar. 5, 2003). DOJ is revising its parallel regulation by separate rulemaking in this issue of the **Federal Register** . Since that regulation was promulgated, significant changes in the relationship between the United States and Cuba have occurred. In December 2014, President Obama announced a historic opening between the United States and Cuba, as well as an approach for reestablishing diplomatic relations and adjusting regulations to facilitate greater travel, commerce, people-to-people ties, and the free flow of information to, from, and within Cuba. On July 20, 2015, the United States and Cuba formally reestablished full diplomatic relations and opened embassies in each other's countries. In the time following the reestablishment of full diplomatic relations, the United States and Cuba have taken concrete steps towards enhancing security, building bridges between our peoples, and promoting economic prosperity for citizens of both countries. And recent migration discussions have yielded important changes that will dramatically affect travel and migration between our two countries. Among other things, Cuba has agreed to accept and facilitate the repatriation of its nationals who are ordered removed from the United States. This arrangement and other changes remain the focus of ongoing diplomatic discussions between the two countries. DHS, in consultation with the Department of State, has determined that the limitation at section 235(b)(1)(F) of the Act, 8 U.S.C. 1225(b)(1)(F) no longer applies with respect to Cuba. Moreover, DHS has recently seen a significant increase in attempts by Cuban nationals to illegally enter the United States. Many of those Cuban nationals have taken a dangerous journey through Central America and Mexico; others have taken to the high seas in the dangerous attempt to cross the Straits of Florida. DHS believes this increase in attempted migration has been driven in part by the perception that there is a limited window before the United States will eliminate favorable immigration policies for Cuban nationals. The application of the expedited removal authorities to Cuban nationals must reflect these new realities. Accordingly, DHS is eliminating provisions in its regulations that categorically exempt Cuban nationals who arrive at a U.S. port of entry by aircraft from expedited removal proceedings under 8 CFR 235.3. Importantly, the statutory provision categorically barring the use of expedited removal for certain aliens who arrive by air no longer applies to Cuban nationals, as the United States and Cuba have reestablished full diplomatic relations. Moreover, previous U.S. policy justifications for exempting Cuban nationals from expedited removal—including Cuba's general refusal to accept the repatriation of its nationals—are no longer valid in many respects. Finally, a categorical exception severely impairs the Government's ability to remove unauthorized aliens encountered within the United States. For these reasons, DHS, in consultation with the Department of State, has determined that a categorical exception from expedited removal for Cuban nationals is no longer in the interests of the United States. Accordingly, as a result of this final rule, Cuban nationals will be subject to expedited removal proceedings under section 235(b) of the INA and 8 CFR 235.3 like nationals of other countries. For the same reasons, DHS is also publishing a notice in this issue of the **Federal Register** to remove the parallel exceptions for expedited removal of Cuban nationals who arrive by sea or who are encountered by an immigration officer within 100 air miles of the U.S. border. II. Statutory and Regulatory Requirements A. *Administrative Procedure Act* The implementation of this rule as a final rule, with provisions for post-promulgation public comments, is based on the good cause exception found in section 553 of the Administrative Procedure Act

(APA)(5 U.S.C. 553(b)(B)). Delaying the implementation of the change announced in this rule to allow pre-promulgation notice and comment would be impracticable and contrary to the public interest. Congress explicitly authorized the Secretary of Homeland Security to designate categories of aliens to whom expedited removal proceedings may be applied, and made clear that “[s]uch designation shall be in the sole and unreviewable discretion of the Secretary and may be modified at any time.” Section 235(b)(1)(A)(iii)(I) of the Act, 8 U.S.C. 1225(b)(1)(A)(iii)(I). And this rule is necessary to remove quickly from the United States certain Cuban nationals who arrive by air at U.S. ports of entry. The ability to detain such aliens while admissibility and identity are determined and protection claims are adjudicated, as well as to quickly remove those without protection claims or claims to lawful status, is a necessity for national security and public safety. Pre-promulgation notice and comment would undermine these interests, while endangering human life and having a potential destabilizing effect in the region. Specifically, DHS is concerned that publication of the rule as a proposed rule, which would signal a significant change in policy while permitting continuation of the exception for Cuban nationals, could lead to a surge in migration of Cuban nationals seeking to travel to and enter the United States during the period between the publication of a proposed and a final rule. Such a surge would threaten national security and public safety by diverting valuable Government resources from counterterrorism and homeland security responsibilities. A surge could also have a destabilizing effect on the region, thus weakening the security of the United States and threatening its international relations. Additionally, a surge could result in significant loss of human life. Accordingly, DHS finds that it would be impracticable and contrary to the public interest to accept pre-promulgation comments on this rule. For the same reasons, DHS also finds good cause to issue this rule without a 30-day delayed effective date requirement of the APA, *see* 5 U.S.C. 553(d). 3 3 In addition, in light of the lack of pre-publication notice and comment and a delayed effective date for the related notice that DHS has published in this issue of the **Federal Register** , a delay in the effective date of this regulation would be incongruous and unnecessary. In addition, the change implemented by this rule is part of a major foreign policy initiative announced by the President, and is central to ongoing diplomatic discussions between the United States and Cuba with respect to travel and migration between the two countries. DHS, in consultation with the Department of State, has determined that eliminating the exception from expedited removal proceedings for Cuban nationals involves a foreign affairs function of the United States, 5 U.S.C. 553(a)(1), and is also exempt from the notice and comment and 30-day delayed effective date requirements of the APA on that basis. DHS is nevertheless providing the opportunity for the public to comment. B. *Executive Orders 13563 and 12866* Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget has not designated this rule as a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget has not reviewed this rule. C. *Regulatory Flexibility Act* The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996, requires an agency to prepare a regulatory flexibility analysis that describes the effect of a proposed rule on small entities when the agency is required to publish a general notice of proposed rulemaking. A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small not-for-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). Because this final rule is exempt from notice-and-comment rulemaking requirements under 5 U.S.C. 553, a regulatory flexibility analysis is not required. Regulatory Amendments List of Subjects for 8 CFR Part 235 Administrative practice and procedure, Aliens, Immigration, Reporting and recordkeeping requirements. Authority and Issuance For the reasons stated in the preamble, part 235 of title 8 of the Code of Federal Regulations is amended as set forth below: 8 CFR CHAPTER I PART 235—INSPECTION OF PERSONS APPLYING FOR ADMISSION 1. The authority citation for part 235 continues to read: Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant to E.O. 13323, 69 FR 241, 3 CFR, 2004 Comp., p. 278), 1201, 1224, 1225, 1226, 1228, 1365a note, 1365b, 1379, 1731-32; Title VII of Public Law 110-229; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458); Pub. L. 112-54. 2. Revise § 235.3(b)(1)(i) to read as follows: § 235.3 Inadmissible aliens and expedited removal.

(b)* * *

(1)* * *

(i)Arriving aliens, as defined in 8 CFR 1.2; Signed: at Washington, DC, this 11th of January 2017. Jeh Charles Johnson, Secretary of Homeland Security. [FR Doc. 2017-00915 Filed 1-13-17; 8:45 am]

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